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El Paso Man Cleared of Sexually Assaulting His Daughter

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POSTED: Monday, July 11, 2011 - 6:55pm

UPDATED: Tuesday, July 26, 2011 - 8:39am

EL PASO - Three years ago, Andrew Martin was indicted for an alleged sexual assault of his teenage daughter. The El Paso Department of Public Safety's lab performed a DNA test, which indicated Martin as the source of the genetic material tested from the young woman's body. Martin insisted that he was innocent of the crime and the test must have been flawed.

His attorney, Stuart Leeds, believed that Martin was sincere and he sought the help of an expert who advised him to try another, more sophisticated test. El Paso DPS sent the sample to a lab in Dallas to be tested by a more powerful test, which could separate male and female DNA. This second test excluded the possibility that Martin was source of the DNA, seemingly clearing him of the crime.

Martin and Leeds say that teenager made the accusation to prevent the family's move to South Africa for a job opportunity. They also say that the District Attorney's office had the test result excluding Martin since December of last year. Yet, just a few weeks ago, District Attorney Esparza said publicly that his office was still going to move forward on these charges. But Friday, the D.A.'s office reversed their position and dropped the charges against Martin. When asked for a comment, a spokesperson for Esparza says they dropped the charges due to "insufficient evidence."

With El Paso Police Department's Lab currently on probation, the DPS lab will be picking up the slack and doing those tests that would have normally been done by the El Paso Police Department Lab. Attorney Stuart Leeds says that prospect is "scary."
 

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One week before the trial was to start his Defense Attorney's went to the media with all that DNA crap. The DA's office had been ready for 3 years to try him but after the news segment the DA didn't want to look bad again and dismissed the case. The are no victim rights at all. This child needs to have her day in court and they took that away from her. We all need to vote Jaime Esparza OUT along with most of the Asst. DA's
Wake up America.how many child molesters do you want on your street?

The DA's office is a joke, just a bunch of politico wannabees, that cannot cut it as real lawyers on their own. Looks to me like they only want to persue the Slam Dunk ones, they think they can win. Sorry lot of Payasos.

perfect timing for this man. had the city not been on probation at their crime lab the piece of crap DA would still be going for charges. they were just covering their butts is all. its crap that the city will only put "insufficient evidence" for the reason why the charges were dropped. there is nothing lower like "suspect was innocent". why would they put insufficient evidence when it was the evidence that proved his innocence?

They also threaten people and try and get them to plead guilty and take 2 years in jail or they will give their bogus evidence to a jury (that does not want to be there) and ask for 20 years.

"Leave it up to the jury and let them sort it out".

This is justice at work? The District Attorney's office had the test result excluding Martin since December of last year? Yet, just a few weeks ago, District Attorney Esparza said publicly that his office was still going to move forward on these charges? But Friday, the D.A.'s office reversed their position and dropped the charges against Martin? Are you serious? The man could be innocent and they still want to charge him? Unbelievable.

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